A Sentence Of Therapy In a Slaying

Published: December 5, 1993

NORWICH, N.Y., Dec. 4—
A girl who stabbed her boyfriend to death when she was 14 years old has been sentenced to five years of outpatient therapy for the killing.

April M. Dell'Olio, now 15, must undergo psychoanalysis once a week as an outpatient during her therapy, Judge Kevin M. Dowd of Chenango County Court reluctantly ruled on Friday.

"Never in my entire legal career have I had a case which had more disturbing overtones than this one," Judge Dowd said during the 70-minute hearing. "A young man is dead, and basically I am hamstrung on the situation where I have to treat it like the psychological equivalent of, 'April had a bad hair day on Oct. 20, 1992.' "

Miss Dell'Olio admitted that she repeatedly stabbed David S. Eccleston near New Berlin High School, about 55 miles southeast of Syracuse, where the two were students. She was cleared of murder charges earlier this year by a jury that found her actions were caused by a mental disease or defect.

Her lawyer had argued during the trial that Mr. Eccleston, 17, mentally tormented the girl, and said Miss Dell'Olio had a diminished mental capacity. But prosecutors said that Miss Dell'Olio was jealous because Mr. Eccleston was dating other girls and suffered from no mental disorder. Judge Expresses Outrage

At Friday's hearing, state psychiatrists testified that Miss Dell'Olio suffered from a personality disorder, but said she did not currently suffer from a dangerous mental disorder or mental illness. Such a disorder would have required she be involuntary committed to a facility for treatment.

Judge Dowd said justice was not served in the case.

"It is a disgrace that a person can kill somebody, stab that person 23 times and walk away from here and say, 'Take two counselors and see me in five years,' " he said. "That sounds silly, as silly as society is becoming now that somebody can just kill somebody and get no time at all."

Judge Dowd also apologized to Mr. Eccleston's mother, Diane, who was sitting in the second row of the courtroom. After the hearing, Mrs. Eccleston expressed her outrage over the sentence.

"She literally got away with murder and apparently you can do this in New York State," she said. "My son didn't even have a chance in life because she got angry and killed him."

Miss Dell'Olio showed no emotion at the sentencing. Afterward, she left the courtroom accompanied by her parents.